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Agenda 01/09/2018 Item #16K 201/09/2018 EXECUTIVE SUMMARY Recommendation to approve a Third Amendment to Agreement for Legal Services relating to a Retention Agreement with Allen, Norton & Blue, P.A., extending the expiration date to February 26, 2021 and increasing the hourly rate for partners and associates by $10.00. OBJECTIVE: That the Board of County Commissioners (the “Board”) approves, and authorizes its Chair to sign, the Third Amendment to Agreement for Legal Services relating to the Retention Agreement with the law firm of Allen, Norton & Blue, P.A (“Counsel”) extending the expiration date to February 26, 2021 and increasing the rates charged per hour for partners and associates. CONSIDERATIONS: On February 27, 2008, the County and Counsel entered into an Agreement (the “Agreement”) wherein the County agreed to retain Counsel to provide professional specialized legal services. On January 8, 2013, the County and Counsel entered into an Amendment to Agreement for Legal Services extending the term of the Agreement to February 26, 2016, with the ability to renew upon mutual consent of the parties for two (2) additional terms of one (1) year each. On September 8, 2015, the County and Counsel entered in a further Amendment to Agreement for Legal Services amending the hourly rate in the underlying agreement, which had not increased since 2008. This Third Amendment to Agreement will extend the contract’s term through and including February 26, 2021 and provide a slightly more than four (4) percent increase ($10.00) in the hourly rate sin ce the most recent Amendment more than two years ago. Counsel sought the rate increase to counter market conditions, increased costs and to be more in line with the rates it charges other public-sector clients. The proposed Amendment also continues to provide for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes. No other provisions of the contract are being modified. FISCAL IMPACT: Aside from the $10.00 increase in the hourly rate, there is no fiscal impact incurred by this action. Divisions utilizing Counsel will be responsible for any future billed services. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Third Amendment is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board of County Commissioners (Board) approves, and authorizes its Chair to sign, the Third Amendment to Agreement for Legal Services relating to the Retention Agreement with the law firm of Allen, Norton & Blue, P.A. extending the expiration date to February 26, 2021 and increasing the hourly rate charged for partners and associates by $10.00. PREPARED BY: Scott R. Teach, Deputy County Attorney ATTACHMENT(S) 1. Third Amendment to Agreement for Legal Services (PDF) 16.K.2 Packet Pg. 1043 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 4364 Item Summary: Recommendation to approve a Third Amendment to Agreement for Legal Services relating to a Retention Agreement with Allen, Norton & Blue, P.A., extending the expiration date to February 26, 2021 and increasing the hourly rate for partners and associates by $10.00. Meeting Date: 01/09/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 12/08/2017 3:12 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 12/08/2017 3:12 PM Approved By: Review: County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/18/2017 11:49 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2017 3:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/19/2017 8:17 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/19/2017 11:53 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 10:46 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 16.K.2 Packet Pg. 1044 16.K.2.a Packet Pg. 1045 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1046 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1047 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1048 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1049 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1050 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1051 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1052 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1053 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1054 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1055 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1056 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1057 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1058 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1059 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1060 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1061 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1062 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1063 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1064 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1065 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1066 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1067 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1068 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention 16.K.2.a Packet Pg. 1069 Attachment: Third Amendment to Agreement for Legal Services (4364 : Third Amendment to Agreement for Legal Services - Retention